HomeMy WebLinkAbout06 J.W. AIRPORT LEASE 10-19-98AGENDA,s,
NO. 6
?10~19_98
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DATE: OCTOBER 19, 1998
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/WATERSERVICES DIVISION
SUBdECT: RENEWAL OF JOHN WAYNE AIRPORT OUTER MARKER LEASE WITH
COUNTY OF ORANGE
SUMMARY
ThiS action is the :renewal of an existing leaSe for the use of 400 square feet at the ;City's iFooth/ll ReServoir site.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor and City Clerk, pending final City Attorney approval,
to execute the attached lease with the County of Orange for the use of 400 square feet at the Foothill Reservoir site.
FISCAL IMPACT
The agreement produces revenue to the City of $2500 per year, With an escalation clause based upon the Consumer
Price Index.
BACKGROUND
The attached lease is a renewal of an existing lease that was originally executed in 1978 by the Tustin Water
Works and the County of Orange. The lease provides space for an electronic beacon that is part of the instrument
landing system for John Wayne Airport. The equipment is housed in a small fiberglass enclosure that is further
enclosed by security fencing. The equipment is maintained by the Federal Aviation Administration (FAA). The
activities of the County/FAA have been passive and have not interfered with the Water Division's operation of the
reservoir.
The Water Division is currently planning a major repair to the Foothill Reservoir roof and retaining walls. It is not
known at this time whether the FAA equipment Will interfere with the repairs. Consequently, a new clause has
been added to the lease that will require the County to temporarily or permanently relocate the equipment upon 90
days notice from the City. The lease also contains a termination clause, which allows either party to terminate the
lease upon 90 days notice, after the lease has been in effect for one year.
Tim D. Serlet
Director of Public Works/City Engineer
Gary R. Veeh
Water Services Manager
TDS:GRV:ccg:Outer Marker Lease with OC
Attachment
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GA 1121-120
John Wayne Airport
(FAA Outer Marker)
LEASE
Ground Lease-.City of Tustin
TABLE OF CONTENTS
CLAUSE
PAGE NUMBER
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9.
DEFINITIONS (MA2-1S) .................................................................................................... 1
LEASED PREMISES (MA3-1S) ......................................................................................... 1
TERMINATION OF PRIOR AGREEMENTS (MA4-1S) ...................................................... 1
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USE (MBI-lS) ....... .. ........ ~. ........................................................................................
TERM (MB2-1 S) ' 2
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RENT (MC2-1 N) ................................................................................................................. 2
REVISION OF RENT (MC5-1N) ......................................................................................... 2
RELOCATION OF PREMISES (N) ..................................................................................... 3
LESSOR'S ENTRY ON PREMISES (N) ................................................................... ' .......... 3
10.RESTRICTIONS (N) ........................................................................................................... 4
11.TAXES AND ASSESSMENTS (MG10-1S) ......................................................................... 4
12.LIABILITY (N) ...................................................
13.PERMITS AND LICENSES (MG3-1S) ................................................................................ 4
14.TERMINATION OF LEASE (N) ..........................................................................................
15.HOLDING OVER (MG17-1S) ............................................................................................. 5
16.DEFAULTS AND REMEDIES (N) ........................................................................................
17.OWNERSHIP OF IMPROVEMENTS (MD6-1N) .................................................................
18.UTILITIES (ME3-1S) ..........................................................................................................
19.LEASE ORGANIZATION (MG5-1S) ....................................................................................
20.AMENDMENTS (MG6-1S) ....................................... ' ........ - ........................................
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21..INSPECTION (MG8-1S) ..................................................................................
22. SUCCESSORS IN INTEREST (MG11-1S) .........................................................................
23. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (MG12-1N) ................................
S\CONTRACT~TU STIN OM
09/0S!98
GA 1121-120
John Wayne Airport
(FAA Outer Marker)
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LEASE
Ground Lease - City of Tustin
TABLE OF CONTENTS
(continued)
CLAUSE PAGE NUMBER
24. PARTIAL INVALIDITY (MG13-1S) ..................................................................................... 6
25. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS (ME4-2N) ................................6
26. WAIVER OF RIGHTS (MG14-1N) ......................................................................................
27. NOTICES (MF20-1S) ....( ....................................................................................................
28. ATTACHMENTS TO LEASE (MF21-1N) ............................................................................
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GA 1121-120
John Wayne Airport
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LEASE
Ground Lease - City of Tustin
THIS LEASE is made ~ 1998 by and between the COUNTY OF
ORANGE, hereinafter referred to as "TENANT", and the CITY OF TUSTIN hereinafter referred
to as "LESSOR", without regard to gender or number.
1. DEFINITIONS (MA2-1S)
The following words in this Lease have the significance attaChed to them in this clause unless
otherwise apparent from context:
"Airport" means John Wayne Airport, Orange County, California.
"Airport Director" means the Director of John Wayne Airport, County of Orange, or Director's
designee, or upon written notice to LESSOR, such other person or entity as shall be
designated by the Board of Supervisors.
"COUNTY" means the County of Orange, a political subdivision of the State of California.
2. LEASED PREMISES (MA3-1S)
LESSOR leases to TENANT that certain property hereinafter referred to as "Leased
Premises", described in "Exhibit A" and shown on "Exhibits B and C", which exhibits are
attached hereto and by reference made a part hereof. '
3. TERMINATION OF PRIOR AGREEMENTS (MA4-1S)
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It is mutually agreed that this Lease shall terminate and supersede any prior leases or
24 agreements between the parties hereto covering all or any portion of the Leased Premises.
25 4. USE (MBI-IS)
26 TENANT's use of the Leased Premises shall be limited to the installation, operation and
maintenance of an air traffic control navigational facility known as the John Wayne Airport
27 Runway 19R Outer Marker. Said navigational facility shall be maintained and operated by the
Department of Transportation, Federal Aviation Administration, subject to the terms and
28 conditions of this Lease.
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A. Together with a right-of-way for ingress and egress from the Leased Premises and
right-of-way for extending electric power and/or telecommunication lines to the Leased
Premises, such rights-of-way to be in locations acceptable to LESSOR;
B. And the right to remove all above-ground obstructions from the Leased Premises
which may constitute a hindrance to the establishment and maintenance of said
navigational facilities;
C. And the right to make alterations, attach fixtures and erect additions, structUres or
signs in or upon the Leased Premises, which alterations, fixtures, additions, structures or
signs so placed in or upon, .or attached to the Leased Premises shall be and remain the
property of TENANT, and, shall be removed by TENANT upon the date of expiration or
termination of this Lease,'or within ninety (90) days thereafter.
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5. TERM (MB2-1S) ~
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term of this Lease shall i~e twenty.(20) years, commencing the first day of the first full
calendar month following the date of s~gning of this Lease by TENANT.
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6. RENT (MC2-1N)
TENANT agrees to pay as rent for the Leased Premises the sum of Two Thousand Five
Hundred Dollars ($2,500) per year, payable annually in advance on the anniversary date of
this Lease so long as tenancy continues.
in the event the obligation to pay rent begins or terminates on some day other than the first or
last day of the month, the rent shall be prorated to reflect the actual period of use on the basis
of a thirty (30) day month. The rent for any partial calendar month during which this Lease
becomes effective will be payable on such effective date.
7. REVISION OF RENT (MC5-1N)
rent specified in the clause in this Lease entitled "RENT" shall be subject to automatic
annual adjustments in proportion to changes in the Consumer Price Index for Los Angeles -
Anaheim - Riverside (All Urban Consumers - All Items) promulgated by the Bureau of Labor
Statistics of the U. S. Department of Labor.
The automatic adjustment shall be effective on each anniversary of the effective date of this
Lease and shall be calculated by means of the following formula:
X = $2,500 x A
B
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X= Adjusted Rent
A = Monthly index for the fourth month prior to the month in which each rental rate
adjustment is to become effective
B = Monthly index for the month in which this Lease becomes effective
in the event that the Consumer Price Index (CPI) ceases to use 1982-84 = 100 as the basis of
calculation or if a substantial change is made in the method used by the federal government to
determine the CPI or the items used to calculate the CPI, then the CPi shall be converted to
the figure that would have been calculated at (or as close to such figure as shall be practical)
had the mahner of calculating the CPI in effect at the date of this Lease not been altered.
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John Wayne Airport
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In the event that the CPI is not issued or published for the period for which such minimum
2 annual rent is to be adjusted and computed hereunder, or in the event that the Bureau of Labor
Statistics of the United States Department of Labor should cease to publish said index figures,
3 then any similar index published by any other branch or department of the United States
Government shall be used and if none is so published, then another index generally
4 recognized as authoritative shall be substituted by LESSOR.
5 8. RELOCATION OF PREMISES (N)
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LESSOR and TENANT acknowledge and agree that, in order for LESSOR to make repairs to
LESSOR's prop'erty or equipment located on the Leased Premises, it may be necessary from
time to time to relocate TENANT's equipment described in the clause in this Lease entitled
(USE). Said relocation of equipment shall be to a site mutually agreed upon by LESSOR and
TENANT and the Federal Aviation Administration. LESSOR and TENANT mutually agree as
follows:
A. The cost'of said rel;scation, if necessary, shall be the responsibility of TENANT.
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if the relocation is permanent, TENANT shall prepare, at TENANT's sole expense, a
legal survey of the new Leased Premises and Exhibits A and B shall be revised
accordingly to describe the new Leased Premises.
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Rent for the new Leased Premises shall remain the same as the rent described in
the clause in this Lease entitled (RENT).
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The Leased Premises shall be kept free from further development as provided in the
clause in this Lease entitled "RESTRICTIONS".
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TENANT shall relocate its equipment within ninety (90) calendar days of receipt of
notice from LESSOR.
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The terms and conditions of this Lease shall remain in full force and effect following
any relocation.
9. 'LESSOR'S ENTRY ON PREMISES (N)
LESSOR and its authorized representatives shall have the right to enter the Leased Premises
at reasonable times to do any necessary maintenance and restoration to the reservoir located
on LESSOR'S property.
LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss of
business, nuisance, or other damage arising out of LESSOR'S entry on the Leased Premises
as provided in this clause, except damage resulting from the negligent acts or omissions of
LESSOR or its authorized representatives.
TENANT shall be entitled to an appropriate rent reduction or abatement if the activities of
LESSOR under this clause unreasonably interfere with the possession or use of the Leased
Premises by TENANT. TENANT shall not be entitled to a rent reduction or abatement due to
Ocation as described in Clause 8.
LESSOR shall conduct its activities on the Leased Premises as allowed in this clause in a
manner that will cause the least possible inconvenience, annoyance or disturbance to
TENANT. LESSOR shall, when made aware that the Leased Premises are in danger of
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GA 1121-120
John Wayne Airport
(FAA Outer Marker)
damage or destruction by reason of fire, flood, vandalism or other cause, notify TENANT
immediately by the most expeditious means of communication.
10. RESTRICTIONS (N)
The Leased Premises depicted on the attached Exhibit C entitled "Instrument Landing System
- Marker Antenna - Restricted Area" shall be kept free from further development of all
buildings, power lines, fences, light standards, trees, shrubs, etc., which would derogate the
radiation pattern of the marker antennas. Any upward extension of such existing items within
this area shall not protrude above the inverted conical plane entitled "Restricted Surface".
growth items such as trees, shrubs, etc., shall be cut back and/or otherwise contained
below the "Restricted Surface"~ These conditions shall apply unless permitted otherwise by
TENANT. i
11. TAXES AND ASSESSMENTS (MG10-1S)
o.
This Lease may create a possessory interest which is subject to the payment of taxes levied
on such interest. It is understood and agreed that all taxes and assessments (including but no1
ii to said possessory interest tax) which become due and payable upon the Leased
Premises or upon fixtures, equipment, or other property installed or constructed thereon, shall
be the full responsibility of TENANT, and TENANT shall cause said taxes and assessments to
be paid promptly.
12. LIABILITY (N)
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LESSOR and TENANT each agree to assume sole responsibility to defend against any and all
15 claims for injuries to persons or damage to property which may arise, in whole or in part, from
the imposition of legal liability for the acts, omissions and conduct of LESSOR on the one
16 or TENANT on the other, and sPecifically agree that neither the LESSOR or TENANT shall be
obligated to defend or indemnify the other for claims which create potential legal liability ' '
17 out of the acts, omissions, or conduct of the other party to this Lease.
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13. PERMITS AND LICENSES (MG3-1S)
TENANT shall be required to obtain any and all approvals, permits and/or licenses which may
be required in connection with the operation of the Leased Premises as set out herein. No
permit approval or consent given hereunder by LESSOR in its governmental capacity shall
affect or limit TENANT's obligations hereunder, nor shall any approvals or consents given by
LESSOR as a party to this Lease, be deemed approval as to compliance or conformance with
applicable governmental codes, laws, ordinances, rules, or regulatioos.
14. TERMINATION OF LEASE (N)
TENANT'S Airport Director or LESSOR shall have the option to terminate this Lease at any
time after the expiration of the first year of the Lease term by providing LESSOR or TENANT,
as applicable, written notice at least ninety (90) days prior thereto. If this clause is exercised,
TENANT'S advance annual rent and automatic annual adjustment per. Clause 7 (REVISION
OF RENT) shall be prorated to the date of termination. LESSOR shall immediately repay to
TENANT all rent and adjustment prepaid and unearned.
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GA 1121-120
John Wayne Airport
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15. HOLDING OVER (MG17-1S)
in the event TENANT shall continue in possession of the Leased Premises after the term of
this Lease, such possession shall not be considered a renewal of this Lease but a tenancy
from month to month and shall be governed by the conditions and covenants contained in this
Lease.
16. DEFAULTS AND REMEDIES (N)
in the event of any breach of this Lease by TENANT, LESSOR shall notify TENANT in writing
of such breach, and TENANT Shall have sixty (60) days in which to cure said breach.
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17. OWNERSHIP OF IMPROVEMENTS (MD6-1N)
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All buildings, improvements, and facilities constructed or placed within the Leased Premises bl
TENANT shall be the property of TENANT at the expiration of this Lease or upon earlier
termination hereof. TENANT shall remove all improvements located on the Leased Premises
at the expiration or termination hereof.
18. UTILITIES (ME3-1S)
TENANT shall be responsible for and pay, prior to the delinquency date, ali charges for utilities
supplied to the Leased Premises.
19. LEASE ORGANIZATION (MG5-1S)
The various headings and numbers herein, the grouping of provisions of this Lease into
separate clauses and paragraphs, and the organization hereof, are for.the purpose of
convenience only and shall not be considered otherwise.
17 20. AMENDMENTS (MG6-1S)
18 This Lease sets forth all of the agreements and understandings of the parties with regard to its
subject matter and any modification must be written and properly executed by both parties.
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21. INSPECTION (MG8-1S)
LESSOR or its authorized representative shall have the right at all reasonable times to inspect
the Leased Premises to determine if the provisions of this Lease ar~ being complied with.
22. SUCCESSORS IN INTEREST (MG11-1S)
23 Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of
24 all the parties hereto, all of whom shall be jointly and severally liable hereunder.
25 23. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (MG12-1N)
26 if either party hereto shall be delayed or prevented from the performance of any act required
hereunder by reason of acts of God, performance of such act shall be excused for the period
27 of the delay; and the period for the performance of any such act shall be extended for a period
equivalent to the period of such delay. Financial inability shall.not be considered a
28 circumstance excusing performance under this Lease.
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GA 1121-120
John. Wayne Airport
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24. PARTIAL INVALIDITY (MG13-1S)
If any term, covenant, condition, or provision of this Lease is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
25. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS (ME4-2N)
In the event of:
A. Partial destruction of or damage to the Leased Premises, other than due to
TENANT's act, use or occ~upation, except as otherwise provided herein; or
B. The Leased Premises being declared unsafe or unfit for occupancy by any public
authority authorized to make such declaration, for any reason other than TENANT's act,
use or occupation, excep.'t as otherwise provided herein;
LESSOR shall immediately make repairs as are necessary to restore the Leased Premises to
the condition which existed prior to destruction or damage and/or make repairs as are
necessary to make the Leased Premises safe and fit for occupancy. The destruction
(including any destruction necessary to make repairs required by any declaration), damage or
declaration shall in no way render this Lease null and void; TENANT shall, however, be
entitled to a reduction of rent during any period its use and occupancy of the Leased Premises
is adversely affected by reason of destruction, damage, declaration, and/or subsequent repair
required thereby. Such reduction shall be in proportion to the interference with TENANT's
ordinary use of the Leased Premises. If LESSOR refuses to make such repairs or if such
repairs are not completed by LESSOR within sixty (60) days, TENANT may, at its option,
terminate the Lease or make such repairs and deduct TENANT's direct and indirect costs
thereof from rent owing LESSOR.
26. WAIVER OF RIGHTS (MG14-1N)
The failure of LESSOR or TENANT to insist uPon strict performance of any of the terms,
covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy thal
LESSOR or TENANT may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Lease thereafter, nor a waiver
of any remedy for the subsequent breach or default of any term, covenant, or condition of this
Lease.
27. NOTICES (MF20-1S)
All notices pursuant to this Lease shall be addressed to either party as set forth below and
shall be sent through the United States Mail, in the State of California, duly registered or
certified, return receipt requested with postage prepaid. If any notice is sent by registered or
certified mail, as aforesaid, the same shall be deemed to..ba~__been served or delivered
twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above
LESSOR may also provide notices to TENANT by personal delivery or by regular mail postage
prepaid and any such notice so given shall be deemed to have been given upon the date of
personal delivery or the date of deposit i.n the United States Mail, respectively.
TO: LESSOR
TENANT
City of Tustin
300 Centennial Way
Tustin, CA 92780
John Wayne Airport
3160 Airway Avenue
Costa Mesa, CA 92626
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Either party hereto may from time to time, by written notice to the other, designate a different
address which shall be substituted for the one above specified.
3 28. ATTACHMENTS TO LEASE (MF21-1N)
4 This Lease includes the following, which are attached hereto and made a part hereof:
5 !. EXHIBITS
EXHIBIT A- LEASED PREMISES DESCRIPTION
EXHIBIT B ° MAP SHOWING LEASED PREMISES
EXHIBIT C - ~ESTRICTIONS- "INSTRUMENT LANDING SYSTEM-
C MARKER ANTENNA- RESTRICTED AREA"
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John Wayne Airport
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IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above
written. .
LESSOR
City of Tustin
6 APPROVED AS TO FORM:
County Counsel
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RECOMMENDED FOR APPROVAL:
John Wayne Airport
By (~.B. SCHOOLI~Y
Airport Director
17 By ~,~f~l Prope~gent
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By
Title
By
Title
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SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
TENANT
COUNTY OF ORANGE
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DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
By
Chairman, Board of Supervisors
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LEASE DESCRIPTION
PARCEL PM 1121-120
All the demised premises shown crosshatched on a plot plan marked Exhibit "B",
attached hereto and made a part hereof, being that certain 20 feet by 20 feet parcel of
land, in the County of Orange, State of California, located on the existing Tustin Water
Works Underground Reservoir on a portion of the Northerly 150 feet of the Westerly 8
acres of Lot 36 of El Modena.Citrus Land. as shown on a map recorded in Book 6, page
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32 of Miscellaneous Maps, records of Orange County, California.
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DESCRIPTION APPROVED:
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Date:
S~CONTRACTIPM1 !21.120-1 LEASE DESCRIPTION
EXHIBIT A
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